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Summaries by Lars Fuller

Dering Pierson Group, LLC v. Kantos

Citation:
No. 17-6014 (8th Circuit, Jan 09,2018) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed ruling of bankruptcy court (D. Minn - St. Paul) entering judgment on 523(a)(6) claim in favor of debtor. BAP found no error in bankruptcy court ruling that creditor failed...
Judge(s):
Nail, Schermer, Dow
Tag(s):

CIT Bank, N.A. v Ryan (In re Ryan)

Citation:
HI-16-1391-TaLB (9th Circuit, Jan 04,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Circuit reversed and remanded ruling of bankruptcy court (D. Hawaii) after bankruptcy court entered order approving of chapter 7 debtors' revised statement of intention regarding real...
Judge(s):
Taylor, Lafferty, Brand
Tag(s):

IN RE: EUTSLER

Citation:
2:15-bk-00870 (9th Circuit, Dec 27,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed ruling of bankruptcy court (ED Wash.) denying motion for relief from stay by creditors seeking to enforce option agreement to purchase stock from ch. 13 debtor. Option...
Judge(s):
Faris, Spraker, Taylor
Tag(s):

Burgess v. Coffey (In re Wasson Properties, Inc.)

Citation:
BAP No. WO-17-020 (10th Circuit, Dec 15,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Judge(s):
Karlin, Somers, Jacobvitz
Tag(s):

Cole v. Bordeaux, LLP (In re Cole)

Citation:
BAP No. CC-17-1176-KuSA (9th Circuit, Dec 04,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP (9th Cir.) affirmed bankruptcy court (C.D. Cal.) order granting fee application for ch. 13 debtor's counsel over objection of ch. 13 debtor. Bankruptcy court neither abused discretion nor...
Judge(s):
Kurtz, Spraker, Alston
Tag(s):

Demetris v. Transport Workers Union of America, AFL-CIO

Citation:
15-15229 (9th Circuit, May 22,2017) Published
Case Status:
Affirmed
Ruling:
9th Cir. affirmed district court's (N.D. Cal.) dismissal of consolidated actions brought under Railway Labor Act, alleging union breached duty of fair representation in offering disparate...
Judge(s):
O'Scannlain, Gould, Smith
Tag(s):

Selenberg v. Bates (In re Selenberg)

Citation:
16-30649 (5th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed ruling of district court (E.D. La.), which affirmed bankruptcy court judgment in favor of creditor on 523(a)(2)(A) claim. Debtor attorney obtained extension of credit from...
Judge(s):
Prado, Higginson, Costa
Tag(s):

Yuska v. Iowa Department of Revenue

Citation:
No. 16-6022 (8th Circuit, May 08,2017) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Circuit affirmed ruling of bankruptcy court (N.D. Iowa - Cedar Rapids) granting defendant's motion for summary judgment. BAP agreed that under Iowa law, administrative prior...
Judge(s):
Saladino, Kressel, Nail
Tag(s):

Helming v. Reed (In re Helming)

Citation:
No. 16-6033 (8th Circuit, May 04,2017) Published
Case Status:
Affirmed
Ruling:
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Windscheffel v. Montebello Unified School District (In re Windscheffel

Citation:
BAP No. CC-16-1303-FLKu (9th Circuit, Apr 03,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed bankruptcy court's (C.D. Cal.) dismissal of debtor's chapter 11 case for bad faith, finding no error in application of judicially-created bad faith tests, rather than...
Judge(s):
Faris, Lafferty, Kurtz
Tag(s):

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